Post-Decree Enforcement Issues with Minor Children

 Posted on October 22, 2024 in Divorce Decree Modification

When a couple gets divorced, they sign a divorce decree that is approved by a Court. Sometimes, these decrees need to be enforced. This is called post-decree enforcement and involves making sure both spouses in a divorce do what they agreed to.

In Illinois divorces, if one person does not follow the divorce decree, the person looking to enforce the decree can get help through the Court by hiring a lawyer. Here are just a few situations when post-decree enforcement may be necessary.

Not Notifying the Other Parent About Important Issues 

One important part of any parenting plan is to keep the other parent informed about child-related issues. This can include things like health problems, school events, or emergencies. If a parent forgets to tell the other parent about these important issues, it could become a legal problem.

For example, if your child goes to the doctor for something serious and the other parent does not inform you, you might feel left out of important decisions about your child’s health. In this case, you can seek help from the Court to enforce the decree. You will need to prove that the other parent is failing to communicate as required, which might involve gathering evidence like emails, texts, or phone records.

Refusing Parenting Time

Sometimes, a parent might not allow his or her children to spend time with the other parent even when the time is clearly outlined in the parenting plan. You may justifiably feel frustrated if your ex refuses to let you have your scheduled parenting time, and you have a right to see your children as the parenting plan instructs.

In this situation, you might consider filing a motion to enforce. This means returning to Court to ask a Judge to make your ex comply with the original custody and visitation orders. Keep records of these incidents, like notes or messages, showing your efforts to see the children as planned and your ex’s failure to comply with the parenting plan.

Unauthorized Removal of Children from the State

Another serious issue is when a parent takes children out of Illinois without getting permission from the Court or the other parent. If your ex has taken your children out of state without informing you, this could be a violation of the parenting plan. You should contact the Court immediately to report this. 

Moving the children across state lines without notifying you can have major legal consequences, so act quickly. The Court can help ensure that your parenting rights are respected, your children’s location is known, and your children’s other parent faces consequences for violating a parenting plan’s terms.

Schedule a Free Consultation with a Rolling Meadows, IL Post-Decree Enforcement Attorney

If you find yourself dealing with any of these issues, consider contacting an attorney with experience in family law. The Hoffman Estates, IL post-decree enforcement lawyer with The Law Office of Nicholas W. Richardson, P.C. can help you. Contact our office at 847.873.6741 to schedule a free consultation.